Current location - Recipe Complete Network - Catering industry - Hello. I am the store manager of a franchised restaurant chain. Because it involves special technical training and trade secrets. How should I sign labor contracts with employees?
Hello. I am the store manager of a franchised restaurant chain. Because it involves special technical training and trade secrets. How should I sign labor contracts with employees?
Commercial secrets sign a confidentiality agreement, requiring employees to comply with in-service, out-of-service. You can also agree to non-compete period, up to 2 years after leaving the same industry, but the non-compete period to pay monthly compensation, otherwise the agreement is invalid

Specialized training, you can agree to the period of service, resignation within the service period to require compensation for breach of contract

All directly agreed in the labor contract can be

Labor Contract Law

Article 22 Where an employer provides special training expenses for a worker to train him/her in a specialized technology, it may enter into an agreement with the worker to stipulate the period of service.

If a worker violates the agreement on the service period, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the cost of training provided by the employer. The amount of liquidated damages that the employer requires the worker to pay shall not exceed the amount of the training costs to be shared by the employer for the unfulfilled portion of the service period.

If an employer agrees with a worker on the service period, it does not affect the increase of the worker's remuneration during the service period according to the normal wage adjustment mechanism.

Article 23 An employer and a worker may agree in the labor contract to keep the commercial secrets of the employer and confidential matters related to intellectual property rights.

For workers who are obliged to keep secrets, the employer can agree with the workers on the non-competition clause in the employment contract or confidentiality agreement, and agree to give the workers monthly economic compensation during the non-competition period after the termination of the employment contract or termination of the employment contract. If a worker violates the non-competition agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 The restriction on non-competition shall be limited to senior management personnel, senior technical personnel and other personnel who are subject to confidentiality obligations of the employer. The scope, territory and period of non-competition shall be agreed between the employer and the workers, and the agreement on non-competition shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition restriction for the personnel stipulated in the preceding paragraph to go to other employing units which are in competition with this unit in the production or operation of the same kind of products or engaged in the same kind of business, or to set up their own business in the production or operation of the same kind of products or engaged in the same kind of business, shall not exceed two years.